Moral Principles and Medical Practice: The Basis of Medical JurisprudenceCoppens, Charles
Philosophy
Moral Principles and Medical Practice: The Basis of Medical Jurisprudence
Coppens, Charles
Medical ethics; Medical jurisprudence
But I absolutely deny that such a state of insanity is possible. It is
against those clear principles of psychology and ethics which are not
only speculatively evident, but practically necessary to maintain the
fabric of human society. I do not deny that there exists an emotional
insanity of another kind, which I will explain further on, but not an
insanity of the will, as they understand it, which would excuse a man
from the consequences of his wilful acts. Upon this subject Dr. Chipley
justly remarks: "If one is born with all the emotional endowments of our
nature, but destitute of understanding, his irresponsibility is
unquestionable. The same is true when the faculties of the understanding
are perverted, impaired, or destroyed by disease.
"In every aspect in which man's accountability is viewed, we arrive at
the same point that its sole basis is the existence and soundness of the
intellectual powers. Those wonderful endowments which so eminently
distinguish man from other animals, which enable him to discriminate
between good and evil, right and wrong, and to choose the one and avoid
the other; or in the language of Judge Robertson, he is accountable
because he has the light of reason 'to guide him in the pathway of duty,
and a _free_ and _rational_ presiding will to enable him to keep that
way in defiance of all passion and temptation.'
"If then accountability is a structure erected solely on the
intellectual power, must it not remain unshaken so long as its
foundation is sound and unbroken? Is it not illogical to set out with
the fundamental proposition, that man is made responsible for his acts
only because he is gifted with an understanding and then arrive at the
conclusion that he may become irresponsible without the impairment or
disease of any of its powers?" (Wharton and Stillé, "Mental
Unsoundness," p. 170.)
Gentlemen, let me give you a specimen of the false reasoning used in
support of their theory by those who believe in the insanity of the
will. "It would be as rational," says one of their leading writers in
this country, "to punish a schoolboy whose antics and grimaces, the
result of chorea [St. Vitus' dance], are a source of laughter and
distraction to his schoolmates, as to inflict punishment upon the insane
criminal who, knowing the difference between right and wrong, has it not
in his power to execute that which his judgment dictates. One is under
the dominant influence of insanity of the _muscles_, the other is under
the influence of insanity of the _will_. To punish one would be as cruel
as to punish the other." This is indeed a very illogical argument. The
reason why we do not blame the boy is because his will is not in it; he
moves against his will. The reason why we blame the other is because his
will is in it; he does what he wills to do.
Public-domain text, read in full here on John Shaqi.
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